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When can a private citizen make a citizen's arrest in Georgia?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Statutory Authority

Georgia's broad citizen's arrest law (former O.C.G.A. § 17-4-60) was REPEALED by HB 479 signed by Governor Kemp on May 10, 2021, effective for offenses occurring on or after that date.

2. Felony Standard

Before repeal, any private person could arrest if a felony occurred in their presence or within immediate knowledge. Now, that broad felony authority is eliminated for the general public.

3. Misdemeanor Standard

The pre-2021 misdemeanor authority for "offense committed in presence" is also eliminated. The public has no general citizen's arrest authority for any offense.

4. GEORGIA POST-ARBERY (PRIMARY CHANGE)

The repeal was a direct response to the February 2020 killing of Ahmaud Arbery in Glynn County. His killers initially asserted citizen's arrest authority. HB 479 narrowed § 17-4-60 to authorize detention only by:

  • Off-duty law enforcement officers acting within their jurisdiction
  • Owners/employees of food/beverage establishments detaining someone for theft of food/services, until police arrive
  • Owners/employees of lodging detaining for fraud or theft, until police arrive
  • Licensed private detectives or security officers in performance of duties
  • Weights and measures inspectors

    • 5. Force Permitted

    Under O.C.G.A. § 16-3-21, force is justified for self-defense or defense of others against unlawful force. Deadly force is restricted to imminent threat of death, great bodily injury, or forcible felony. These doctrines exist independent of any arrest authority.

    6. Hand-Off Duty

    Authorized detainees must contact law enforcement immediately and may detain only until officers arrive.

    7. Risks

    Post-repeal, an unauthorized "citizen's arrest" in Georgia is likely false imprisonment (O.C.G.A. § 16-5-41), possibly kidnapping (§ 16-5-40), aggravated assault, or felony murder if deadly force is used. The McMichaels were convicted of malice/felony murder in Arbery's death.

    8. Shopkeeper's Privilege

    O.C.G.A. § 51-7-60 provides retail merchants limited civil immunity for detaining suspected shoplifters with reasonable cause for a reasonable time. This is now functionally the broadest civilian detention right in Georgia.

    9. Stand-Your-Ground / Castle Doctrine

    Georgia's stand-your-ground law (O.C.G.A. § 16-3-23.1) and castle doctrine (§ 16-3-23) remain in force and are unaffected by HB 479.

    10. Practical Recommendation

    In Georgia, ordinary citizens must call 911 and act as witnesses. Attempting to detain someone is now extraordinarily risky and very likely criminal.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You detained someone after May 10, 2021 and now face criminal charges
    • You used force in what you believed was a lawful arrest
    • You are a business owner needing to understand § 17-4-60 as amended
    Related Statutes & Laws
    • O.C.G.A. § 17-4-60 (as amended by HB 479, 2021)
    • O.C.G.A. § 51-7-60
    • O.C.G.A. § 16-5-41

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.